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State of Madhya Pradesh - Section

Section 18 in The M.P. Pariyojana Ke Karan Visthapit Vyakti (Punhsthapan) Adhiniyam, 1985

18. Resettlement of displaced persons.

(1)The State Government shall, as far as practicable and in accordance with the guidelines specified in sub-section (2), resettle the displaced persons in the benefited zone or at the option of such persons along the periphery of submerged areas :Provided that any displaced person who is not desirous of being resettled in the manner aforesaid in accordance with the provisions of this Act, but is desirous of retaining the compensation in whole receivable by him under the Land Acquisition Act, 1894 (1 of 1894) for the acquisition of his land or property in the affected zone may, by a declaration made to that effect in the manner and form prescribed, exercise his option to do so and thereafter he shall not be entitled to resettlement as aforesaid :Provided further that option once exercised shall be final and shall, in no circumstances be changed or allowed to be changed :Provided also that option exercised by a member of Scheduled Tribes shall not be effective unless it is endorsed by the Collector certifying that the option so exercised is in the interest of the member of the Scheduled Tribes.
(2)The State Government shall, in resettlement of the displaced persons in accordance with sub-section (1) be guided by the following principles, namely :-
(i)persons displaced on account of acquisition of his agricultural land in the affected zone other than those who exercise option for retaining compensation under the first proviso to sub-section (1) shall be resettled by allotment of irrigated land in the command area in the benefited zone or at the option of such person along the periphery of submerged areas;
(ii)new land for abadi shall be given lo a displaced person in the following order of priority, namely :-
I. abadi plots to all displaced persons;II. allotment of land lo small and marginal farmers;III. allotment of land to tribal and backward farmers.
(iii)persons displaced on account of acquisition of their agricultural land who opt for retaining the compensation and who do not desire lo have land as in (i) above shall be resettled by payment of rehabilitation grant.
(iv)persons displaced on account of compulsory acquisition of his land or of any right therein shall be paid unless otherwise expressly provided by or under this Act, compensation calculated as nearly as may be, in accordance with the provisions contained in the Land Acquisition Act, 1894 (No. I of 1894).
(v)the compensation payable under clause (iv) shall be adjusted towards the market value of site or land or both as the case may be, which is allotted or is ordered to be allotted to the displaced person for his resettlement.
(3)The State Government shall grant lo displaced persons rehabilitation grant, grant-in-aid and land to the extent and in accordance with the provisions of the Second Schedule.Explanation. - "Rehabilitation grant" means rehabilitation grant payable to displaced persons according to the provisions of the Second Schedule.